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SNSBH seeks withdrawal of MUDA bye – laws, serves government 20 day ultimatum

Written by Meghalaya Times. Posted in Front Page

Staff Reporter
SHILLONG, Nov 07: The state government of Meghalaya has been served a 20 day ultimatum by the Synjuk Ki Nongshynshar Shnong Ka Bri U Hynniewtrep (SNSBH) which is seeking the denotification of a government notification issued in 1989 such that the MUDA bye – laws are withdrawn from areas falling outside the latter’s jurisdiction.
“We urge the government to de-notify the notification dated January 13, 1989 once and for all within twenty days,” SNSBH general secretary RL Blah said in a memorandum submitted to the Chief Minister. Dr. Mukul Sangma here on Tuesday.


He said that the Synjuk is of the opinion that the withdrawal of the 1989-notification as the “only way out” that the incumbent state government can bring relief to the public affected by the whole confusions brought about by what he termed as the ‘illegal enactment’ of the MUDA bye-laws outside its jurisdiction.
He informed that the decision was taken at a general meeting of the Executive Committees of the Dorbar Shnongs affected by MUDA encroachment recently.
The notification issued in 1989 by the state government was for implementing of the Meghalaya Town and Country Planning Act, 1973.
It may be mentioned here as per affidavit of the MUDA secretary stated - “That it is pertinent to state that initially the Act was enforced only in normal areas of Shillong, however, vide notification dated 13.01.1989, the Act was enforced in the entire state.”
This affidavit was submitted before the Meghalaya High Court on a writ petition filed by one Tirot Sing Syiemlieh with regards to the operation of the Meghalaya Building Byelaws 2011.
Blah also said, “This Act had then been passed through a mere notification only; and has remained as it is till date wherein no legislation is tabled before the floor of the Meghalaya Legislative Assembly with regard to the same.”
He also recalled that the MUDA Byelaws was kept in abeyance after a meeting held between the SNSBH and the state government on November 5, 2015.
“Unfortunately, due to the intervention of the High Court of Meghalaya, the previous order issued vide No. MUDA. BPI/596/2011-12/8- A dated Shillong the 5th August, 2015 was re-notified vide a public notice No. MUDA.188/255/2005-06/Pt/6A dated Shillong the 16 th January, 2016 and the keep in abeyance order of the Government was quashed,” he said.
Meanwhile, the Synjuk had also taken strong exception of what it termed as the ‘unfriendly gestures’ of the state government towards its commitments made before the Synjuk in the two meetings held in February and August last year to constitute a new mechanism.
“We urge the government to recall its commitment as expressed in these meetings,” Blah said.
In a similar memorandum to the KHADC chief PN Syiem, the Synjuk also slammed the KHADC for its failure to address the hardships faced by the people due to the illegal encroachment of the MUDA.
The High Court of Meghalaya on the 16.02.2017 had passed a judgement in relation to the PIL filed by Tirot Singh Syiemlieh regarding the implementation of MUDA Building Bye-Laws outside Shillong Municipality Areas.
Referring to the Court’s order on this, Blah said that though the High Court permitting the implementation of Building Bye-Laws outside Shillong Municipality Areas, however, maintains that the matter of jurisdiction over the areas can be reexamined by competent authorities including the Judiciary subjected to an appeal that may be filed by the Khasi Hills Autonomous District Council.
He however said it had been over six months since The Hon’ble High Court of Meghalaya had passed the judgement on the above mentioned PIL but unfortunately, the KHADC has remained silent till date.
“The Synjuk is of the opinion that the KHADC has not taken this matter seriously and is also not aware of the hardships faced by the people under its purview by the illegal implementation of MUDA Building Bye-Laws outside Shillong Municipality Areas,” Blah said while appealing to the KHADC to file a relevant appeal before the High Court within twenty days.


 

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